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A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 17

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And, sir, these threats of dissolution will all react against you.

They operated in the Presidential election only in one way. I have no doubt that these threats gave Mr. LINCOLN five thousand votes in New York City alone. The people are sick of them. They know that if they once yielded to them, they would be forced to do so again. They do not like these insinuations against the Government involved in the propositions made here. If you wish them to be considered favorably by the people of New York, you must send them out free from all suspicion of duress or intimidation; you must permit them to be examined, discussed, and dissected here, by the representatives of New York and of every other State. I am opposed decidedly to cutting off or limiting these discussions. Let all parties be heard; give them time, and time enough, to deliberate, and the result will be peace and harmony to the country.

Mr. RIVES:--I rise for the purpose of answering some of the observations of the gentleman from New York; and first of all I wish to say a word about the motives and purposes of Virginia in calling this Convention. She has called this Convention together because she believed it would exert a powerful influence for the safety and honor of the country, and the perpetuity of its inst.i.tutions. She is met _in limine_ with the reproach that her action is unconst.i.tutional. How unconst.i.tutional?

Is not our Government based upon the sovereignty of the people? Is not that the idea upon which this Government rests? And when the people act, are they to be told that their action is unconst.i.tutional or improper? Cannot Virginia and her people, acting through their representatives, suggest the means of amendment or improvement in our Const.i.tution to Congress?--the Congress which represents the people, and whose members are servants only of the people? Can she not call together a convention of this kind and suggest measures to be considered by it for the purpose of saving an imperilled country?

Virginia knew well that this was to be an advisory Conference merely.

She invited commissioners from all the States to come here and present their views, to compare and discuss them, to devise measures for the benefit of the country, in the same way that any a.s.semblage of the people may lawfully do. Has the gentleman looked into the history of our present Const.i.tution? Virginia did the same thing previous to the adoption of that Const.i.tution, which she is doing now.

Some State must invite a Conference, if one is to be had. If it was proper that Virginia should do it before the adoption of our present Const.i.tution, it is eminently proper that she should do it now. There are occasions, sir, in the history of nations, when men should rise far above the rules of special pleading. This is one of them. Let the gentleman look into the history of the old articles of Confederation; let him read the debates which arose upon their adoption. Virginia originated measures then, far more important than any before us now; and there were gentlemen then, who took the same ground that gentlemen do now, who sought by the use of dilatory pleas, by interposing objections, temporary in their nature, to prevent and delay action upon the great national questions then under consideration. Now, in a time of great peril, when the whole country is convulsed, when the existence and perpetuity of the Government is in danger, Virginia has invoked her sister States to come here and see whether they cannot devise some method to avoid the danger and save the country.

In the preamble to the first ten articles of Confederation, there is to be found an express reference to the action of the State Legislatures in initiating proposals of amendment. Every amendment that has. .h.i.therto been made to our Const.i.tution originated with the people, and directly or indirectly through the action of State Legislatures. What purpose can gentlemen have in interposing these dilatory pleas, objections merely for delay, when we all know that Congress is now waiting for--actually inviting the action of this Conference?

Senator COLLAMER, in his speech already referred to, makes the distinct proposition, that when any considerable portion of the people (certainly a much smaller portion than is here represented) desire to have amendments submitted, it is the duty of Congress to propose them, and to do so without committing that body either for or against them.

Governor CORWIN, also of the Congressional Committee of Thirty-three, having this subject in charge, is understood to have stated that the committee desire to consider the propositions which may here be adopted.

Now, as I said, these dilatory objections were interposed previous to the adoption of our present Const.i.tution.

Mr. NOYES:--Are we to understand that Virginia then asked for a General Convention to consider amendments to the Const.i.tution?

Mr. RIVES:--No! The Annapolis Convention met. The invitation under which that body was convened was addressed to all the States. Five only responded, and they proposed a General Convention of all the States, to meet at Philadelphia. Virginia was the first to act and to appoint her delegates. I repeat, that the same objection was then urged, that Congress _or_ the States should propose the amendments.

The first Convention was just as unconst.i.tutional as this. The two cases were perfectly alike. The crisis is infinitely more important now than it was then. Then, there was no disintegration of the States.

They still held firmly together. How are we now? Seven States are out of the Union. _The Union is dissolved!_ Virginia loves the Union. She cherishes all its glorious memories. She is proud of its history and of her own connection with it. But Virginia has no apprehension as to her future destiny. She can live in the Union or out of it. She can stand in her own strength and power if necessary. Her delegates come here in no spirit of supplication, nor do they propose to offer any intimidation. She has called you here as brothers, as friends, as patriots. If the future has suffering in store for Virginia, be a.s.sured all her sister States must suffer equally.

Mr. PRESIDENT, the position of Virginia must be understood and appreciated. She is just now the neutral ground between two embattled legions, between two angry, excited, and hostile portions of the Union. To expect that her people are not to partic.i.p.ate in the excitement by which they are surrounded; to expect that they should not share in the apprehensions which pervade the country; to expect that they should not begin to look after the safety of their interests and their inst.i.tutions, were to expect something superhuman. Something must be done to save the country, to allay these apprehensions, to restore a broken confidence. Virginia steps in to arrest the progress of the country on its road to ruin. She steps in to save the country.

I am here in part to represent her. I utter no menace; intimidation would be unworthy of Virginia, but if I perform my duty I must speak freely. The danger is imminent, _very_ imminent.

Our national affairs cannot longer remain in their present condition; it is impossible, absolutely impossible that they should. My Republican friends, will you not take warning? Were there not pretended prophets of old, who cried, "Peace! Peace! when there was no peace"? Political prophets to-day say there is no danger. Have their counsels been wise heretofore? Can you not see that there is danger, and imminent danger in them, now?

Look, sir, at our position! I mean the position of the loyal South. By the secession of these States we are reduced to an utterly helpless minority; a minority of seven or eight States to stand in your national councils against an united North! It is not in the nature of the Anglo-Saxon race thus to stand in the face of a dominant and opposition party. Were the case reversed, you would not do it yourselves. We cannot hold our rights by mere sufferance, and we will not; we do not ask you to hold yours in that way. If the other States had kept on with us--had remained in the Union--we might have secured our rights in a fair contest. Now other paths are open to us, and one of these we must follow.

I desire to say a word in answer to the propositions of my honorable friend from Connecticut. What did he tell us? He said that this was a self-sustaining Government; a Government that possessed the power of securing its own perpetuity, and one that must not yield or make concessions. Sir, let me say that ideas, that principles, that statements of that kind have led to the downfall of every Government on earth which has ever fallen. What but ideas and language of this kind, forced our colonies into rebellion, and lost America to the British crown?

Sir, I have had some experience in revolutions in another hemisphere--in revolutions produced by the same causes that are now operating among us. What causes but these led to the two revolutions in France? One of them I saw myself, where interest was arrayed against interest, friend against friend, brother against brother. I have seen the pavements of Paris covered, and her gutters running with fraternal blood! G.o.d forbid that I should see this horrid picture repeated in my own country; and yet it will be, sir, if we listen to the counsels urged here!

It is too late to theorize, too late to differ theoretically. I do not believe in the const.i.tutional right of secession. I proclaimed _that_, thirty years ago in Congress. I have always adhered to my opinions since. But we are not now discussing theories; we are in the presence of a great fact. The South is in danger; her inst.i.tutions are in danger. If other excuses were necessary, she might justify her action in the eyes of the world upon the ground of self-defence alone.

I condemn the secession of States. I am not here to justify it. I detest it. But the great fact is still before us. Seven States have gone out from among us, and a President is actually inaugurated to govern the new Confederation.

With this fact the nation must deal. Right or wrong, it exists. The country is divided. Wide dissensions exist. A people have separated from another people. Force will never bring them together. Coercion is not a word to be used in this connection. There must be negotiation.

Virginia presents herself as a mediator to bring back those who have left us.

The border States are not in revolt; and by border States I mean States on both sides of the border. They are here, and they came here to unite with you in measures that will reunite the country, and save it from irredeemable ruin.

There was one observation of the gentleman from Ma.s.sachusetts that surprised me. He complained of Virginia for thrusting herself between the Republican party and its victory. It is not so.

Mr. BOUTWELL:--I said that Ma.s.sachusetts thought her action had that appearance.

Mr. RIVES:--Let me say to you, Republican gentlemen, we wish to make your victory worthy of you. We wish to inaugurate your power and your administration over the _whole_ Union. We wish to give you a nation worth governing. Do us at least the justice of supposing we are in earnest in this. We are laboring to relieve you from the difficulties that hang over you. War is impending. Do you wish to govern a country convulsed by civil war? The country is divided. Do you wish to govern a fraction of the country? Behold the difficulties that you must encounter. You cannot carry on your Government without money. Where is the capitalist who will advance you money under existing circ.u.mstances?

Gentlemen, believe me, as one who has given no small amount of time and careful reflection to this subject, when I tell you that you cannot coerce sovereign States. It is impossible. Mr. HAMILTON'S great foresight made him a.s.sert that our strength lay in the Government of the States--of the undivided States. Look at New York. She herself is a match for the whole army of the United States. Look at the South.

She stands now almost upon an equality with you. You may spend millions of treasure, you may shed oceans of blood, but you cannot conquer any five or seven States of this Union. The proposition is an utter absurdity. You must find some other way to deal with them. In the wisdom of the country some other way must be found.

Several gentlemen have referred to our army and our navy. As a citizen of the United States, I am proud of both. I am proud of the country they serve. I have enjoyed at times her honors, at others endured her chastis.e.m.e.nts. I respect the power which our army and our navy give to our nation, but our army and navy are impotent in such a crisis as this.

Mr. PRESIDENT, even England herself has been shaken to her centre by rebellions in her North with which she has been forced to contend. In Paris, too, I have myself seen regiment after regiment throw down their arms and rush into the arms of the people, of their fellow-citizens, and thus oppose, by military strength, the government under which their organization was formed. Will you repeat such occurrences here? Will you 'destroy the imperishable renown of this nation'? No! I answer for you all--you will not. Now, we, representatives of the South and of Virginia, ask of this Convention, the only body under heaven that can do it, to interpose and save us from a repet.i.tion of the scenes of blood which some of us have witnessed.

Our patriotic committee have labored for two weeks--have labored earnestly and zealously. Their report, though not satisfactory to Virginia in all respects, will yet receive her sanction, and the sanction of the border States. The representatives of Virginia know they are yielding much, when they tell you that they will support these propositions. We will do it because they will give peace to the country. Now, sir, when we are just in sight of land, when we are just entering a safe harbor, shall we turn about and circ.u.mnavigate the ocean to find an unknown sh.o.r.e? No, sir! no! Let us enter the harbor of safety now opened before us.

Mr. PRESIDENT, I know Ma.s.sachusetts well. She is a powerful Commonwealth. She has added largely to the wealth, the power, and glory of this Union. I respect the gentleman who has addressed this Convention in her behalf; but when he went out of his way and stated that he abhorred slavery, the statement grated harshly on my ears. We of the South, we of Virginia, may not and do not like many of the inst.i.tutions of Ma.s.sachusetts, but we cannot and we will not say that we abhor them.

Let me recall to the gentleman from Ma.s.sachusetts who has addressed us, a fact from history. Let me show him that his own State was powerful in colonial times in extending the time for the importation of slaves! Let me tell him that his State has helped to fasten the inst.i.tution of slavery upon a portion of this nation. Is it for a son of Ma.s.sachusetts now to complain of the result of the acts of his own State? Is it for him to use these reproaches, which, if not ungrateful, are at least wanting in charity? It was a representative of Ma.s.sachusetts, Mr. GORHAM, through whose motion and influence the time for the importation of slaves was extended in that period of our colonial history. Virginia ever, in every period of her colonial existence, exerted herself to close her ports against the importation of slaves. It was the veto of her Royal Master alone that rendered her efforts nugatory. It was New England that fastened this inst.i.tution upon us. Shall she reproach us for its existence now?

Mr. BALDWIN:--At the time of the adoption of our present Const.i.tution, it was well understood that Georgia and South Carolina would not enter the Union without slavery. The only question then was, should slavery have an existence inside the Union or out of it.

Mr. RIVES:--No, sir! The gentleman is mistaken. In the Const.i.tution, as first proposed to the Convention, an unlimited right was given to import slaves. Mr. ELLSWORTH declared that it would be an infraction of _State rights_ to prohibit this importation. New England, engaged in commerce, found an advantage in the right of importation, and she endeavored to force it upon the South.

I regard the present course of New England as very unfair. She is herself responsible for the existence of slavery--she is now our fiercest opponent; and yet New Jersey and Pennsylvania, who have not this responsibility, have always stood by the South, and I believe they always will.

It is not by _abhorring_ slavery that you can put an end to the inst.i.tution. You must let it alone. We are responsible for it now, and we are willing to stand responsible for it before the world. We understand the subject better than you do. It has occupied the attention of the wisest men of our time. In fact, it is not a question of slavery at all. It is a question of race. We know that the very best position for the African race to occupy is one of unmitigated legal subjection. We have the negroes with us; you have not. We must deal with them as our experience and wisdom dictate; with that you have nothing to do. The gentleman from Ma.s.sachusetts may congratulate himself that there are no negroes in that Commonwealth. I ask him what he would do, if he had the race to deal with in Ma.s.sachusetts as we have it in Virginia?

I said, twenty years ago, in the Senate of the United States, and my whole experience since having confirmed the truth of the statement I repeat it now, that candid minds cannot differ upon this proposition, that the present position of the negroes of the United States is the best one they could occupy, both for the superior and inferior race.

And to the people of New England I have this to say: Your ancestors were most powerful and influential in fastening slavery upon us. You are the very last who ought to reproach us for its existence now. We do not indulge reproaches toward you. It is unpleasant for us to receive them from you. Their use by either can only serve to widen the unhappy differences existing between us. Let us all drop them, and, so far as we can, let us close up every avenue through which dissensions may come. We call upon you to make no sacrifices for us. It will cost you nothing to yield what we ask. Say, and let it be said in the Const.i.tution, that you will not interfere with slavery in the District, or in the States, or in the Territories. Permit the free transit of our slaves from one State to another, and in the language of the patriarch, "let there be peace between you and me."

Let us all agree that there shall be landmarks between us; the same which our fathers erected. Let us say that they shall never be removed. I think upon this point I can cite an authority that will command universal respect. I discovered it in my researches into the history of the very Const.i.tution we are now considering.

Mr. RIVES here read an extract from a letter written by Mr. MADISON after his retirement from public life. I have not a copy of this letter, but the substance of the portion read by Mr. RIVES was a statement by Mr. MADISON, that upon the pa.s.sage of the Missouri Compromise, President MONROE was much embarra.s.sed with the question of the const.i.tutionality of the prohibition clause; that he took counsel with Mr. MARTIN, who declared that, in his judgment, Congress had no power over the subject of slavery in the territories.

Mr. JAMES:--Will you leave that question just where the Const.i.tution leaves it, upon your construction of that instrument? If so, we will agree to give you all necessary guarantees against interference.

Mr. RIVES:--No! I will not leave it there, for it would always remain a question of construction. I prefer to put the prohibition into the Const.i.tution.

The gentleman from Ma.s.sachusetts speaks for the North. Ma.s.sachusetts does not const.i.tute the North. I venerate the Commonwealth of Ma.s.sachusetts. I have many friends there. I look with pride upon her connection with the Revolution; upon her public men, her manufactures, her public inst.i.tutions. Her people who have accomplished so much, will not turn a deaf ear to our wants now. We wish to go to her people and obtain their judgment upon our propositions. But Ma.s.sachusetts is not all the North. Rhode Island const.i.tutes a part of it. She has always spoken for us. She will speak for us to-day. What does New Jersey say? What does the great State of Pennsylvania and the greater Northwest say? Surely they do not echo the sentiments of the gentleman from Ma.s.sachusetts. They are with us, and we will trust to them.

I dislike this way of answering for sections of the country. I have heard similar language from Mr. CALHOUN. He was fond of saying, "The South says--The South thinks--The South will do," this or that. I did not like it then. It stirred up all the rebellious sentiments of my nature; for I knew the statement was not true. I do not like such language better now. Let the _people_ of Ma.s.sachusetts speak. I know they will not refuse to fulfil the compact of their fathers.

We are brothers. I feel we can settle this important question which portends over us like an eclipse; we can leave this glorious country to our posterity. Once more let me refer to the n.o.ble and eloquent counsels of MADISON, and I am done. As children of the same family, as fellow-citizens of a great, glorious, and proud Republic, he invoked the kindred blood of our people to consecrate our common Union, and to banish forever the thought of our becoming aliens.

Mr. EWING:--I have never in any manner countenanced the discussions of slavery and the questions connected with it, at the North. I have always, so far as possible, discouraged those discussions. No good can possibly come from them. Is the North the _censor morum_ of the South? We have faults enough ourselves; let us consider and try to correct them, before we interest ourselves so much in those of our neighbors.

If there was any danger that slavery would be extended at the North, I would oppose its extension there, and I would teach my sons to oppose it. But this danger has never existed. Does any one fear that slavery will go into New York or Ma.s.sachusetts? No sane man thinks or ever thought so.

But it exists, and we must deal with it as it is. As one northern man, I do not want the negroes distributed throughout the North. We have got enough of them now. I have watched the operation of this emigration of slaves to the North. Ten negroes will commit more petty thefts than one thousand white men. We cannot permit them to come into Ohio. Wherever they have been permitted to come, it has almost cost us a rebellion. Before we begin to preach abolition I think we had better see what is to be done with the negroes.

Thirty years ago the subject of abolis.h.i.+ng slavery was agitated in Virginia. Some of the most eloquent speeches were made in favor of the abolition movement that I ever read. The act providing for gradual abolition, was, I believe, lost by a single vote. I thought then that the result was an unfortunate one. But there is something to be said on both sides of the question. Had the act pa.s.sed, the negroes would have been sent South, and we should have had plantation slavery, instead of the humane form which now exists in Virginia. But Virginia would have had one great, one powerful advantage. Her power would have increased tenfold. Free labor would have come in to take the place of slave labor, and the banks of the Potomac and the James would have blossomed as the rose.

The North has taken the business of abolition into its own hands, and from the day she did so, we hear no more of abolition in Virginia.

This was but the natural effect of the cause. Now, we can never coerce the Southern States into abolitionism. It is not the way to convert them to our views by saying that we _abhor_ their inst.i.tutions. But these northern men will not listen to reason. They keep on making eloquent speeches--their pulpits thunder against the sin of slaveholding. All grades of speech and thought are made use of, and the sickening sentimentalism of some of them is disgusting. They repeat poetry. They say:

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